Family sues Cleveland police officer working off-duty security for fatal shooting
CLEVELAND, Ohio -April 11 2018 – The family of a man shot to death outside University Circle bowling alley by a Cleveland police officer filed a federal lawsuit against the officer and the bowling alley.
Thomas Yatsko, 21, was shot to death at the Corner Alley on Euclid Avenue and Ford Drive Jan. 13.
His mother, Melissa Yatsko and his father, Darian Allen said Sgt. Dean Graziolli used excessive force and failed to provide any medical attention after he shot Yatsko, according to a lawsuit filed in the United States District Court of the Northern District of Ohio Eastern Division.
Melissa Yatsko and Allen are assistant administrators of Thomas Yatsko’s estate. The lawsuit filed by attorney Nicholas A. Dicello names Graziolli, the city of Cleveland and owners of the Corner Alley as defendants.
Messages left for Cleveland officials were not immediately returned. A manager at Corner Alley declined to comment on the lawsuit.
The incident at the Corner Alley began about 11 p.m. when a fight broke out inside the popular bowling alley, bar and restaurant.
Bar employees kicked out the brawlers and Graziolli, who was working part-time security at the business, escorted them outside, authorities said. Yatsko returned and attacked Graziolli outside the bowling alley, just a few steps from the front door, police have said.
But Tuesday’s lawsuit slightly challenges the events that led to the shooting of Yatsko.
The lawsuit says Yatsko and a coworker were involved in an argument and was escorted out by bar employees and Graziolli. Yatsko was on the sidewalk talking to another patron discussing how he was going to get home, the lawsuit said.
Graziolli, who was moonlighting as a security guard at the bar and identified himself as a Cleveland officer, approached the 149 pound Yatsko “outside in an aggressive and belligerent manner, swore at him and told him to leave the area,” according to the lawsuit.
Yatsko told Graziolli he was looking for a way home and at one point asked the officer for his help. Graziolli continued to curse at Yatsko, the lawsuit says.
Moments later the two men got into a fight. Graziolli later fired two shots killing Yatsko, according to the suit.
No weapon was found on Yatsko, the lawsuit says.
“Graziolli never provided or attempted to provide Thomas with any medical care or attention. Rather, Defendant Graziolli yelled at bystanders and patrons to notify 911 that he was a Cleveland police officer,” the lawsuit says. “Bystanders repeatedly asked and instructed Defendant Graziolli to put his firearm away. Without rendering any aid to Thomas, Defendant Graziolli went back inside the Corner Alley Uptown bar and restaurant.”
The Cuyahoga County Sheriff is investigating the incident at the request of Cleveland police.
Graziolli was placed on administrative leave following the shooting and put on light duty at the police department’s gym at their downtown headquarters.
He has been a sergeant with the Cleveland police department since 2002. Graziolli is a day-shift sergeant in the Fifth District.
The lawsuit seeks damages to for funeral, burial and attorney costs and fees.
cleveland.com
